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Home My WebLink About08/17/2010 Regular Council Meeting MinutesREGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 17, 2010, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:02 p.m. Town Clerk Bronson called roll. There was a quorum present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Mayor Honea asked that items A.1 and A. 2 be switched. Motion to approve moved by Council Member Clanagan, second by Council Member McGorray. Motion carried unanimously as amended. CALL TO THE PUBLIC Dan Rogers spoke regarding the Continental Ranch Little League's use of the new Crossroads District Park. Annie Shelberg spoke thanking the Council for their support for the recent memorial events for Ora Mae Harn. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea spoke regarding Up With People and the upcoming shows they will be putting on at Mountain View High School. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson also reported that he and his wife had taken two students into their home while they are in Marana for the Up With People shows. August 17, 2010 Council Meeting Minutes PRESENTATIONS CONSENT AGENDA Item C 1 contains an emergency clause which requires a roll call vote. Motion to approve moved by Council Member McGorray, second by Council Member Ziegler. Motion carried unanimously in favor. C 1: Ordinance No. 2010.14: Relating to Municipal Court; amending town code section 5-2-1 to establish a two year town magistrate term from the date of appointment rather than on the fiscal year calendar, and declaring an emergency C 2: Resolution No. 2010-77: Relating to Municipal Court; reappointing Charles Davies as Marana Town Magistrate for atwo-year term beginning September 1, 2010; approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Charles Davies Council Members Ziegler and Clanagan thanked the Judge for his service to Marana and the outstanding way he is running the Court. C 3: Resolution No. 2010-78: Relating to Development; approving an amended final plat for Tangerine Crossing Block 3 Lots 1-49 and Common Areas "A", "B", & "C-1" thru "C-7" C 4: Resolution No. 2010-79: Relating to Community Development; authorizing the Mayor to sign a Partnership Agreement for participation in the Sun Corridor Consortium Sustainable Communities Planning Grant Program C 5: Minutes of the August 3, 2010 regular council meeting, July 27 and August 10, 2010 study session, and August 10, 2010 executive session LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. GFCFD 2010-03: [Marana Town Council acting as the Board of Directors of the Gladden Farms Community Facilities District]: Consideration and possible adoption of a resolution supplementing the resolution authorizing the sale and issuance of not to exceed $1,750,000 aggregate principal amount of general obligation bonds of the district adopted on September 3, 2008 This item was presented by Erik Montague. Motion to approve moved by Board Member Comerford, second by Board Member Clanagan. Motion carried unanimously. COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2010.11: Relating to Development; approving a rezoning creating the Marana Regional Landfill Specific Plan Vice Mayor Kai was excused from the dais at 7:15 p.m. due to a conflict of interest on this item. Mayor Honea opened this item, stating it was a Public Hearing; however, the 2 August 17, 2010 Council Meeting Minutes Council intends to take no action tonight. The development agreement relating to this item was referred back to the Planning Commission for their next meeting which will be September 29. He expects that the action on the zoning will be back before Council at either the second meeting of October or the first meeting of November. Kevin Kish presented this item, recommending continuance to a date uncertain after another public notice has been posted, followed by a brief statement from Michael Racy who publicly apologized to Mr. Albert Lannon for comments he made about him at a recent meeting. Mayor Honea noted that he had received 45 speaker cards for this item and asked that people not be redundant when making their remarks. Speakers opposing the landfill included: Elaine Ramirez, Stephen Rebro, Janice Mitich, Pat McElroy, Albert Kern, Jim Alam, Rebecca LoPorto, Sandra Judson, William Goodsier, Judy McNabb, Steve Storzer, Chuck McNabb, Charles Goddard, Jr., Robert Ruppelius, Pam Ruppelius, Debbie Rogers, Melissa Rohlik, Tanya Anway, David Anway, Albert Lannon, Tom Hill, Mimi Battin, Steve Kelly, Richard Bilodeau, Dan Rogers, Terri Faust, Jeff Hustin, Kris James, Nita Storzer, and Dawn Reed. Speakers in favor of the landfill included: Anna Felix, Josh Moralas, Tisha Felix, Dean Spencer and Linda Zupi. Speaker cards presented in opposition to the landfill but who did not to address Council included: Scott Lewis, Annie Shellberg, Naomi Colburn, Ted Colburn, Barbara Patton, Ernest Calabro, Jr., Jens T. Hill, Mitzi Morton, Steve Maxam, Elizabeth Maxam, Faron Margeson, Jeff Schultz, Nicki James, Rick Faust, Betty Turner, Charles Goddard, Sr., Linda Storzer, Dennis Foster, Gladys Pop, Barbara Herron, Alice King, Linda Alam, Kristin Flood, Eric Ramirez, Cathy Fahrmeyer and Richard Fahrmeyer. Speaker cards presented in favor of the landfill but who did not to address Council included: Robin Ford, Julie Phillips, Jaime Juarez, Roy Olvera, Alex and Glenda Morales, Liz Coleman, Tessa Genzlinger, Gary Mestel, Tony Pedroza, Danny Viguara, Roman Miranda, Michael Reith, Shirley Reith, Rebecca Vorholzer and Matthew Vorholzer. Mayor Honea again noted that this item is intended to come back to Council either at the end of October or the first meeting in November. He thanked everyone for being courteous. A 2: Resolution No. 2010-80: Relating to Development; approving and authorizing the Mayor to execute the First Amendment to Marana Spectrum Development Agreement Frank Cassidy presented this item, noting that this item came before Council previously at a regular meeting and then at a study session Motion to approve moved by Council Member Ziegler, second by Council Member Clanagan. Motion carried unanimously. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies 3 August 17, 2010 Council Meeting Minutes EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 3: Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) for legal advice from the Town's attorneys concerning legal issues related to the proposed landfill rezoning and landfill development agreement and to consider the Town's position and instruct its representatives regarding the proposed terms of the landfill development agreement FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Council Member McGorray. Motion carried unanimously. The meeting was adjourned at 8:33 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 17, 2010. I further certify that a quorum was present. ~ ocelyn ronson, own Clerk ,,,yri~lii'lOj~' ~~~s~~OOmmni, ,~~ 4 August 17, 2010 Council Meeting Minutes